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But court heavily fines them for dubious conviction of collecting personal data.

ISTANBUL, October 19 (CDN) — After four years of legal battle in a Turkish court, a judge acquitted two Christians of insulting Turkey and its people by spreading Christianity, but not without slapping them with a hefty fine for a spurious charge.

Four years ago this month, Turan Topal, 50, and Hakan Tastan, 41, started a legal battle after gendarmerie officers produced false witnesses to accuse them of spreading their faith and allegedly “insulting Turkishness, the military and Islam.”

At the Silivri court an hour west of Istanbul, Judge Hayrettin Sevim on Thursday (Oct. 14) acquitted the defendants of two charges that they had insulted the Turkish state (Article 301) and that they had insulted its people (Article 216) by spreading Christianity. Sevim cited lack of evidence.

He found them guilty, however, of collecting information on citizens without permission (Article 135) and sentenced them to seven months of imprisonment each. The court ruled that the two men could each pay a 4,500 lira (US$3,170) fine instead of serving time, said their lawyer Haydar Polat.

Tastan expressed mixed feelings about the verdicts.

“For both Turan and I, being found innocent from the accusation that we insulted the Turkish people was the most important thing for us, because we’ve always said we’re proud to be Turks,” Tastan said by telephone. “But it is unjust that they are sentencing us for collecting people’s information.”

At the time of their arrests, Topal and Tastan were volunteers with The Bible Research Center, which has since acquired official association status and is now called The Association for Propagating Knowledge of the Bible. The two men had used contact information that individuals interested in Christianity had volunteered to provide on the association’s website.

Administrators of the association stated openly to local authorities that their goal was to disseminate information about Christianity.

The two men and their lawyer said they will be ready to appeal the unjust decision of the court when they have seen the official statement, which the court should issue within a month. Polat said the appeal process will take over a year.

“Why should we have to continue the legal battle and appeal this?” asked Tastan. “We are not responsible for the information that was collected. So why are they fining us for this? So, we continue our legal adventure.”

Still, he expressed qualified happiness.

“We are free from the charges that we have insulted the Turkish state and the people of Turkey and we’re glad for that, but we are sorry about the court’s sentence,” Tastan said. “We’re happy on one hand, and sorry on the other.”

The court hearing lasted just a few minutes, said Polat.

“The judges came to the court hearing ready with their decision,” Polat said. “Their file was complete, and there was neither other evidence nor witnesses.”

Polat was hesitant to comment on whether the decision to convict the men of collecting private data without permission was because they are Christians. He did underline, however, that the court’s decision to fine the men was unjust, and that they plan to appeal it after the court issues an official written verdict.

“This was the court’s decision,” said Polat, “but we believe this is not fair. This decision is inconsistent with the law.”

Christianity on Trial

The initial charges in 2006 against Tastan and Topal were based on “a warning telephone call to the gendarme” claiming that some Christian missionaries were trying to form illegal groups in local schools and making insults against Turkishness, the military and Islam.

In March 2009 the Turkish Ministry of Justice issued a statement claiming that approval to try the two men’s case under the controversial Article 301came in response to the “original” statement by three young men that Topal and Tastan were conducting missionary activities in an effort to show that Islam was a primitive and fictitious religion that results in terrorism, and to portray Turks as a “cursed people.”

Two of the three witnesses, however, stated in court that they didn’t even know Topal and Tastan. The third witness never appeared in court. Prosecutors were unable to produce any evidence indicating the defendants described Islam in these terms. At the same time, they questioned their right to speak openly about Christianity with others.

Polat and his legal partners had based their defense on the premise that Turkey’s constitution grants all citizens freedom to choose, be educated in and communicate their religion, making missionary activities legal.

“This is the point that really needs to be understood,” Polat told Compass last year. “In Turkey, constitutionally speaking, it is not a crime to be a Christian or to disseminate the Christian faith. However, in reality there have been problems.”

The lawyer and the defendants said that prosecuting lawyers gave political dimensions to the case by rendering baseless accusations in a nationalistic light, claiming that missionary activities were carried out by imperialistic countries intending to harm Turkey.

Tastan and Topal became Christians more than 15 years ago and changed their religious identity from Muslim to Christian on their official ID cards.

Initially accompanied by heavy media hype, the case had been led by ultranationalist attorney Kemal Kerincsiz and a team of six other lawyers. Kerincsiz had filed or inspired dozens of Article 301 court cases against writers and intellectuals he accused of insulting the Turkish nation and Islam.

Because of Kerincsiz’s high-level national profile, the first few hearings drew several hundred young nationalist protestors surrounding the Silivri courthouse, under the eye of dozens of armed police. But the case has attracted almost no press attention since Kerincsiz was jailed in January 2008 as a suspect in the overarching conspiracy trials over Ergenekon, a “deep state” operation to destabilize the government led by a cabal of retired generals, politicians and other key figures. The lawyer is accused of an active role in the alleged Ergenekon plot to discredit and overthrow Turkey’s ruling Justice and Development Party government.

Ergenekon has been implicated in the cases of murdered priest Andreas Santoro, Armenian editor Hrant Dink, and the three Christians in Malatya: Necati Aydin, Ugur Yuksel and Tilmann Geske.

In a separate case, in March of 2009 Tastan and Topal were charged with “illegal collection of funds.” Each paid a fine of 600 Turkish lira (US$360) to a civil court in Istanbul. The verdict could not be appealed in the Turkish legal courts. This ruling referred to the men receiving church offerings without official permission from local authorities.

ISTANBUL, May 28 (CDN) — The 11th hearing of a case of alleged slander against two Turkish Christians closed just minutes after it opened this week, due to lack of any progress.

Prosecutors produced no new evidence against Hakan Tastan and Turan Topal since the last court session four months ago. Despite lack of any tangible reason to continue the stalled case, their lawyer said, the Silivri Criminal Court set still another hearing to be held on Oct. 14.

Court-ordered attempts to locate and produce testimonies from two witnesses summoned three times now by the prosecution had again proved fruitless, the judge noted in Tuesday’s court record.

Murat Inan, the only lawyer who appeared this time on behalf of the prosecution team, arrived late at the courtroom, after the hearing had already begun.

The two Protestant Christians were accused in October 2006 of slandering the Turkish nation and Islam under Article 301 of the Turkish criminal code.

The prosecution has yet to provide any concrete evidence of the charges, which allegedly took place while the two men were involved in evangelistic activities in the town of Silivri, an hour’s drive west of Istanbul.

Both Tastan, 41, and Topal, 50, became Christians more than 15 years ago and changed their religious identity from Muslim to Christian on their official ID cards.

Initially accompanied by heavy media hype, the case had been led by ultranationalist attorney Kemal Kerincsiz and a team of six other lawyers. Kerincsiz had filed or inspired dozens of Article 301 court cases against writers and intellectuals he accused of insulting the Turkish nation and Islam.

Because of Kerincsiz’s high-level national profile, the first few hearings drew several hundred young nationalist protestors surrounding the Silivri courthouse, under the eye of dozens of armed police. But the case has attracted almost no press attention for the past two years, ever since Kerincsiz was jailed in January 2008 as a suspect in the overarching conspiracy trials over Ergenekon, a “deep state” operation to destabilize the government led by a cabal of retired generals,
politicians and other key figures. The lawyer is accused of an active role in the alleged Ergenekon plot to discredit and overthrow Turkey’s ruling Justice and Development Party government.

Two weeks ago, Turkish Justice Minister Sadullah Ergin commented before the United Nations Human Rights Council on the controversial May 2008 amendments to Article 301, under which Tastan and Topal are being tried.

Ergin insisted that the revised Article 301 had provided “a two-fold assurance” for freedom of expression in Turkey. The most significant revision required all Article 301 cases to obtain formal permission from the justice minister before being prosecuted.

This week Ergin released Justice Ministry statistics, noting that out of 1,252 cases filed under Article 301 during the past three years, only 83 were approved for prosecution.

Stressing the principle of “presumption of innocence,” Ergin went on to criticize the Turkish media for presenting Article 301 defendants as guilty when they were charged, before courts had heard their cases or issued verdicts.

But for Tastan and Topal, who by the next hearing will have been in trial for four years, Ergin’s comments were little comfort.

“At this point, we are tired of this,” Tastan admitted. “If they can’t find these so-called witnesses, then the court needs to issue a verdict. After four years, it has become a joke!”

Topal added that without any hard evidence, “the prosecution must produce a witness, someone who knows us. I cannot understand why the court keeps asking these witnesses to come and testify, when they don’t even know us, they have never met us or talked with us!”

Both men would like to see the trial concluded by the end of the year.

“From the beginning, the charges against us have been filled with contradictions,” Topal said. “But we are entirely innocent of all these charges, so of course we expect a complete acquittal.”

Justice Ministry receives international inquiry about progress of trial.

SILIVRI, Turkey, February 15 (CDN) — Barely five minutes into the latest hearing of a more than three-year-old case against two Christians accused of “insulting Turkishness and Islam,” the session was over.

The prosecution had failed to produce their three final witnesses to testify against Hakan Tastan and Turan Topal for alleged crimes committed under Article 301 of the Turkish penal code. The same three witnesses had failed to heed a previous court summons to testify at the last hearing, held on Oct. 15, 2009.

This time, at the Jan. 28 hearing, one witness employed in Istanbul’s security police headquarters sent word to inform the court that she was recovering from surgery and unable to attend. Of the other two witnesses, both identified as “armed forces” personnel, one was found to be registered at an address 675 miles away, in the city of Iskenderun, and the other’s whereabouts had not yet been confirmed.

So the court issued instructions for the female witness to be summoned a third time, to testify at the next hearing, set for May 25. The court ordered the witness in Iskenderun to submit his “eyewitness” testimony in writing to the Iskenderun criminal court, to be forwarded to the Silivri court. No further action was taken to summon the third witness.

International Inquiry

Judge Hayrettin Sevim, who has presided over the last five hearings on the case, informed the plaintiff and defense lawyers that recently his court had been requested to supply the Justice Ministry with a copy of relevant documents and details from the case file.

An inquiry outside Turkey about the progress of the case, he said, prompted the request.

Seven different state prosecutors have been assigned to the case since Prosecutor Ahmet Demirhuyuk declared at the fourth hearing in July 2007 that “not a single concrete, credible piece of evidence” had been produced to support the accusations against the Protestant defendants. After Demihuyuk recommended that the charges be dropped and the two Christians acquitted, he was removed from the case.

Originally filed in October 2006, the controversial Article 301 case accused Tastan and Topal, both former Muslims who converted to Christianity, of slandering the Turkish nation and Muslim religion while involved in evangelistic activities in Silivri, an hour’s drive west of Istanbul in northwestern Turkey.

After Turkey enacted cosmetic changes in the wording of Article 301 in May 2008, all cases filed under this law require formal permission from the justice minister himself to go on to trial.

According to the Turkish Justice Ministry, only eight of more than 900 Article 301 cases sent for review since the law’s revision have been approved for prosecution. On Friday (Feb. 12) the Justice Ministry declined in writing a Compass request last month for a list of the eight cases in question.

Despite the lack of any legally credible evidence against Tastan and Topal, the Silivri case is one of those eight cases personally approved by the Justice Minister.

According to a CNNTURK report dated Dec. 8, 2009, U.S. President Barack Obama raised the Article 301 issue with Turkish Prime Minister Recep Tayyip Erdogan during their last face-to-face meeting in Washington, D.C.

“I think those asking about this don’t know what Article 301 is,” Erdogan reportedly said. “Until now it has only happened to eight persons.”

This month the Organization for Security and Cooperation in Europe criticized Turkey’s revision of Article 301, declaring that the government should simply abolish the law.

The Parliamentary Assembly of the Council of Europe (PACE) in Strasbourg also warned earlier this month that Turkey is violating Article 10 of the European Convention on Human Rights to the extent that the European Court of Human Rights may impose sanctions on Turkey over Article 301.

Noting that the Assembly welcomed previous amendments to the law, the most recent PACE report declares it “deplores the fact that Turkey has not abolished Article 301.”

Survey finds nearly 40 percent of population has negative view of Christians.

ISTANBUL, December 4 (CDN) — More than half of the population of Muslim-majority Turkey opposes members of other religions holding meetings or publishing materials to explain their faith, according to a recently issued survey.

Fully 59 percent of those surveyed said non-Muslims either “should not” or “absolutely should not” be allowed to hold open meetings where they can discuss their ideas. Fifty-four percent said non-Muslims either “should not” or “absolutely should not” be allowed to publish literature that describes their faith.

The survey also found that almost 40 percent of the population of Turkey said they had “very negative” or “negative” views of Christians. In the random survey, 60 percent of those polled said there is one true religion; over 90 percent of the population of Turkey is Sunni Muslim.

Ali Çarkoglu, one of two professors at Sabanci University who conducted the study, said no non-Muslim religious gathering in Turkey is completely “risk free.”

“Even in Istanbul, it can’t be easy to be an observant non-Muslim,” Çarkoglu said.

The report, issued last month, was part of a study commissioned by the International Social Survey Program, a 45-nation academic group that conducts polls and research about social and political issues. The survey quantified how religious the population is in each of its 43-member countries.

Çarkoglu, along with Professor Ersin Kalaycıoğlu, carried out the research in 2008. The completed study with the results of all 43 countries will be released in 2010. The study has been conducted previously three times at roughly 10-year intervals.

This year marked the first time study data has been collected in Turkey. Turkey was the only Muslim-majority population in the study.

The survey includes significant nuance. While 42 percent of the population agreed with the statement that religious people should be tolerant, 49 percent of those surveyed said they would either “absolutely” or “most likely” not support a political party that accepted people from another religion. But 20 percent of those surveyed said they had “very positive” or “positive” views of Christians – 13 percent “very positive,” and 7 percent “positive.”

Çarkoglu said the results of study could be attributed to the Turkish educational system, which mandates religious studies for both junior high school and high school students – classes in which Christians and Jews “are not even mentioned” or are portrayed as “the others,” Çarkoglu said.

“That instills in these students a severe point of view of intolerance,” he added.

Dual Threat

The Rev. Dositheos Anagnostopoulos, speaking on behalf of the Ecumenical Patriarchate in Istanbul, said that Greek Orthodox Christians are treated like second-class citizens in Turkey. He said that members of his church feel “pressured” but things have improved slowly over the years. Earlier this year, two Greek Orthodox cemeteries in Istanbul and one in Izmir were severely vandalized.

“There’s still vandalism, but there haven’t been any problems with physical threats lately,” he said.

In Turkey, Christians face dual threats from a self-declared “secular” state and from members of the public who, according to the study, have become more observant in their Islamic faith. Christians are often seen as enemies of the state, enemies of Islam or traitors to Turkish culture.

A 2009 report on international religious freedom by the U.S. Department of State said that in Turkey, “No law explicitly prohibits religious speech or religious conversions; nevertheless, many prosecutors and police regarded religious speech and religious activism with suspicion. Christians engaged in religious advocacy were occasionally threatened or pressured by government and state officials. … Threats against non-Muslims created an atmosphere of pressure and diminished freedom for some non-Muslim communities.”

At times in Turkey’s history, the government has “manipulated public opinion” by putting forth the message that Turkish Christians are aligned with powers outside of the country that want to divide the nation, said Zekai Tanyar, a Turkish national who has been a Christian for more than 30 years. He is chairman of the Association of Protestant Churches (in Turkey).

“There are some who view that Christians are out to undermine the country, especially missionaries,” he said.

In January 2007, Hrant Dink, editor-in-chief of the Armenian weekly Agos, was shot dead in Istanbul. Dink was a member of the Armenian Christian community in Turkey. Three months later, two Turkish Christians and a German Christian were murdered in Malatya. The accused killers in all four slayings have alleged links to Turkish nationalists. Two other Christians, converts from Islam, are standing trial charged with, among other things, “insulting Turkishness” and inciting hatred against Islam.

According to the U.S state department report, by law religious services in Turkey can only take place at worship sites approved by the government. And while the Sunni majority receives generous support from the government for its mosques, “[Non-Muslim groups] reported difficulties opening, maintaining, and operating houses of worship.”

Tanyar of the Protestant association said that the anti-Christian persecution situation in Turkey has improved in some ways but gotten worse in others.

“People have gotten used to the idea that we exist, and certain laws have changed to accommodate us,” he said. “On the other hand, acts of disinformation and violence have increased.”

Head of intelligence allegedly hid evidence, failed to prevent slaying of Christians.

MALATYA, Turkey, October 22 (CDN) — The head of Turkey’s police intelligence department was removed on Friday (Oct. 16) amid allegations that he failed to prevent the murder of the Christian editor of an Armenian weekly and the slayings of three Christians in this city in southeastern Turkey.

Ramazan Akyurek is also accused of withholding evidence in those cases and improperly investigating the murder of a Catholic priest in 2006.

After a Malatya trial hearing on Friday, prosecution lawyers in the case commended the removal of Akyurek for negligence but said it came too late. Akyurek has been placed in a different position within police headquarters in Ankara.

Prior to the January 2007 murder of Hrant Dink, editor of the Armenian weekly Agos, Akyurek allegedly received a report about the orchestrated plan to kill him. That clearly implied that Akyurek was one of the masterminds behind the murder, according to Erdal Dogan, one of the prosecuting attorneys in the Malatya case.

While heading the investigation of the Dink murder, Aykurek reportedly not only witheld intelligence but also tried to affect the outcome of the trial, claiming in his investigation report that a group of “friends” planned to kill Dink because he offended Turkey.

“This is a disaster,” Dogan said. “The same happened with the Malatya massacre. “We know he had information on all the developments of the massacre, but he didn’t act on it. He tried to cover it up. We know that they were following the movements of the killers.”

Turkish Christians Necati Aydin and Ugur Yuksel and German Christian Tilmann Geske were bound hand and foot, tortured and then slain with knives at the Zirve Publishing Co. in April 2007. Dogan said that had Zirve staff members not suspected that something was wrong and called police, the five young men who were caught at the scene of the crime most likely would not have been apprehended.

“It’s difficult to know to what extent this character affected the investigations during that time,” Dogan said. “This is why the fact that they took him from his position was important, but they removed him late; they removed him very late.”

Akyurek was head of police in the city of Trabzon in 2006 when Catholic priest Andrea Santoro was killed. It was under his auspices that a young man was arrested and imprisoned for the murders without investigation into who was behind the murder, according to Dogan.

In the same year, Akyurek was promoted to head Turkey’s police intelligence unit.

“Even though Aykurek was incompetent as a police head and covered up crimes, he became the head of intelligence with access to all of Turkey’s intelligence,” Dogan said.

More Evidence Sees Light

Akyurek was fired about a week after Turkish press received leaked documents showing payments the Malatya gendarmerie made in exchange for intelligence on missionary activities between March 2007 and November 2008. The amounts totaled nearly 10,000 Turkish lira (US$6,840).

At Friday’s hearing the Malatya court heard the testimony of Murat Gokturk, a former petty officer in the Malatya intelligence department at the time of the murders. Gokturk had made contact with Huseyin Yelki, a Christian volunteer at Zirve who is one of the suspects in the murders because of his heavy involvement with gendarmerie in the months leading up to and directly after the slayings.

Gokturk testified that he contacted Yelki and requested a New Testament in Arabic so he could learn the language better, as he has an Arabic heritage. He claimed that when he contacted Yelki from his gendarmerie office, he and the intelligence department were not following missionary activities.

“Missionary activities are legal,” said Gokturk. “This is a religious and conscience right. It’s not a crime.”

Prosecuting lawyers asked that the judges record Gokturk’s statement that missionary activities are legal. They later explained that since all other evidence shows that officials did spy on missionaries in Malatya, such a statement showed they were aware that they were doing so in violation of their legal jurisdiction.

“We questioned the witness [Gokturk], but he tried to hide the truth either by saying, ‘I don’t remember,’ or by lying,” said Dogan. “But evidence shows that he and Huseyin Yelki had a very close relationship and information exchange, and it’s obvious that this was not a simple information exchange. They met many, many times.”

The European Union Commission report on Turkey’s progress in 2009 was also published last week. Under the section on democracy and the rule of law, the report noted that high-profile cases such as the Malatya and Dink trials, which are connected to the alleged criminal network Ergenekon, raised concerns about the quality of investigations. The report noted a need “to improve the working relationship between the police and the gendarmerie on the one hand and the judiciary on the other.”

Concerning freedom of religion, the report noted that missionaries are widely perceived as a threat to the integrity of Turkey and Islam. It also pointed out that the Ministry of Justice allowed judicial proceedings under Article 301 of the Criminal Code – which criminalizes “insulting Turkishness” – in the case of Turkish Christians Hakan Tastan and Turan Topal for sharing their faith with others.

This last case has also been linked to the Ergenekon cabal believed to have masterminded the Santoro, Dink and Malatya murders. It has continued for three years with no resolution.

“It’s finally clear that there is a connection between Santoro, Dink and Malatya and everyone is talking that way,” said Dogan, noting how the prosecuting lawyers in the cases as well as the media perceive the link. “It is now obvious that these three crimes came from the same center.”

The Malatya court is still waiting for an answer from the Ergenekon judges about whether the murder of the three Christians will be joined into the the latter case, under which more than 100 former military, political figures, journalists and others have been arrested.

Dogan, however, said that whether the Malatya case is connected with the Ergenekon case is now secondary, and that it is probably better for the Malatya trial to stay separate to determine what really happened.

“It’s enough for me that this picture is clear,” said Dogan of the link between the cases and Ergenekon. “There is no doubt for me. If they connect them or not it doesn’t matter. Because when the court case goes there, Ergenekon is so complicated that the Malatya case could get lost in it.”

SILIVRI, Turkey, October 16 (CDN) — After three prosecution witnesses testified yesterday that they didn’t even know two Christians on trial for “insulting Turkishness and Islam,” a defense lawyer called the trial a “scandal.”

Speaking after yesterday’s hearing in the drawn-out trial, defense attorney Haydar Polat said the case’s initial acceptance by a state prosecutor in northwestern Turkey was based only on a written accusation from the local gendarmerie headquarters unaccompanied by any documentation.

“It’s a scandal,” Polat said. “It was a plot, a planned one, but a very unsuccessful plot, as there is no evidence.”

Turkish Christians Hakan Tastan and Turan Topal were arrested in October 2006; after a two-day investigation they were charged with allegedly slandering Turkishness and Islam while talking about their faith with three young men in Silivri, an hour’s drive west of Istanbul.

Even the three prosecution witnesses who appeared to testify at Thursday’s (Oct. 15) hearing failed to produce any evidence whatsoever against Tastan and Topal, who could be jailed for up to two years if convicted on three separate charges.

Yesterday’s three witnesses, all employed as office personnel for various court departments in Istanbul, testified that they had never met or heard of the two Christians on trial. The two court employees who had requested New Testaments testified that they had initiated the request themselves.

The first witness, a bailiff in a Petty Offenses Court in Istanbul for the past 28 years, declared he did not know the defendants or anyone else in the courtroom.

But he admitted that he had responded to a newspaper ad about 10 years ago to request a free New Testament. After telephoning the number to give his address, he said, the book arrived in the mail and is still in his home.

He also said he had never heard of the church mentioned in the indictment, although he had once gone to a wedding in a church in Istanbul’s Balikpazari district, where a large Armenian Orthodox church is located.

“This is the extent of what I know about this subject,” he concluded.

Fidgeting nervously, a second witness stated, “I am not at all acquainted with the defendants, nor do I know any of these participants. I was not a witness to any one of the matters in the indictment. I just go back and forth to my work at the Istanbul State Prosecutors’ office.”

The third person to testify reiterated that he also had no acquaintance with the defendants or anyone in the courtroom. But he stated under questioning that he had entered a website on the Internet some five or six years ago that offered a free New Testament.

“I don’t know or remember the website’s name or contents,” the witness said, “but after checking the box I was asked for some of my identity details, birth date, job, cell phone – I don’t remember exactly what.”

Noting that many shops and markets asked for the same kind of information, the witness said, “I don’t see any harm in that,” adding that he would not be an open person if he tried to hide all his personal details.

For the next hearing set for Jan. 28, 2010, the court has repeated its summons to three more prosecution witnesses who failed to appear yesterday: a woman employed in Istanbul’s security police headquarters and two armed forces personnel whose whereabouts had not yet been confirmed by the population bureau.

Case ‘Demands Acquittal’

Polat said after the hearing that even though the Justice Ministry gave permission in February for the case to continue under Turkey’s controversial Article 301, a loosely-defined law that criminalizes insulting the Turkish nation, “in my opinion the documents gathered in the file demand an acquittal.”

“There is no information, no document, no details, nothing,” Polat said. “There is just a video, showing the named people together, but what they are saying cannot be heard. It was shot in an open area, not a secret place, and there is no indication it was under any pressure.”

But prosecution lawyer Murat Inan told Compass, “Of course there is evidence. That’s why the Justice Ministry continued the case. This is a large ‘orgut’ [a term connoting an illegal and armed organization], and they need to be stopped from doing this propaganda here.”

At the close of the hearing, Inan told the court that there were missing issues concerning the judicial legality and activities of the “Bible research center” linked with the defendants that needed to be examined and exposed.

Turkish press were conspicuously absent at yesterday’s hearing, and except for one representative of the Turkish Protestant churches, there were no observers present.

The first seven hearings in the trial had been mobbed by dozens of TV and print journalists, focused on ultranationalist lawyer Kemal Kerincsiz, who led a seven-member legal team for the prosecution.

But since the January 2008 jailing of Kerincsiz and Sevgi Erenerol, who had accompanied him to all the Silivri trials, Turkish media interest in the case has dwindled. The two are alleged co-conspirators in the massive Ergenekon cabal accused of planning to overthrow the Turkish government.

This week the European Commission’s new “Turkey 2009 Progress Report” spelled out concerns about the problems of Turkey’s non-Muslim communities.

“Missionaries are widely perceived as a threat to the integrity of the country and to the Muslim religion,” the Oct. 14 report stated. “Further efforts are needed to create an environment conducive to full respect of freedom of religion in particular.”

In specific reference to Tastan and Topal’s case, the report noted: “A court case against two missionaries in Silivri continued; it was also expanded after the Ministry of Justice allowed judicial proceedings under Article 301 of the Criminal Code.”

The Turkish constitution guarantees freedom of religion to all its citizens, and the nation’s legal codes specifically protect missionary activities.

“I trust our laws on this. But psychologically, our judges and prosecutors are not ready to implement this yet,” Polat said. “They look at Christian missionaries from their own viewpoint; they aren’t able to look at them in a balanced way.”

State fails to set aside funds to transport key witness to hearing.

MALATYA, Turkey, June 25 (Compass Direct News) – A suspected “middleman” between the alleged masterminds and young executors in the stabbing murders of three Christians here failed to appear at a hearing on Friday (June 19) because of a procedural error.

The state prosecutor’s office failed to set aside funds to transport Varol Bulent Aral to the southeastern city of Malatya from Istanbul, where he is held, the court announced. Aral is the second suspected middleman connecting the five young murderers to “deep state” masterminds who allegedly plotted to kill Turkish Christians Necati Aydin and Ugur Yuksel and German Christian Tilmann Geske.

The three Christians were bound and tortured before they were murdered on April 18, 2007 at Zirve Publishing Co., where they worked. Suspects Salih Guler, Cuma Ozdemir, Hamit Ceker, Abuzer Yildirim and alleged ring-leader Emre Gunaydin were caught at the scene of the crime.

While in prison, Gunaydin testified to the state prosecutor that Aral, a journalist allegedly attached to a far-reaching political conspiracy known as Ergenekon, had contacted him and instructed him to carry out the murders. Gunaydin had also testified that Huseyin Yelki, who worked as a volunteer at the Zirve office, had planned details of the crime with him.

The court heard Yelki’s testimony in the last two hearings, but judges could not arrive at conclusive evidence connecting him to the murders. At the May hearing, Gunaydin retracted his statement that he and Yelki met to strategize before the murders. An order last month to investigate Yelki’s bank accounts for links to suspicious activity has yielded no new information, judges stated at the last hearing. He is still obligated, however, to attend every court hearing.

At a May hearing, the court also requested a list of people who have visited Gunaydin since the beginning of this year, suspecting that he may be under pressure to retract statements he has made implicating middlemen in the murders. The court is still evaluating the list of visitors it received.

Gunaydin’s girlfriend, Burcu Polat, was also expected to testify on Friday but did not appear. The court ordered Polat to appear at the next hearing and is petitioning the prosecutor’s office to funnel the necessary funds for Aral’s transportation from Istanbul to Malatya.

Erdal Dogan, one of a team of plaintiff lawyers in the Malatya case, told reporters after the short hearing that Aral’s absence resulted from a great oversight on the part of the Justice Ministry.

“They didn’t bring the witness due to a lack of funds,” said Dogan. “That the Justice Ministry knew the court date and didn’t put money aside for the witness to come is a tragic state of affairs.”

When asked whether the case will be joined to the ongoing Ergenekon court hearings, Dogan said the court is still researching possible links between the Malatya murders and those of Armenian Christian and newspaper editor Hrant Dink, who was killed three months before the men in Malatya, and Catholic priest Andrea Santoro, who was slain in the Black Sea coastal town of Trabzon in February 2006.

Link with ‘Insulting Turkishness’ Trial?

In Silivri, the case against Turkish Christian converts Hakan Tastan and Turan Topal for “insulting Turkishness” under controversial Article 301 continues to drag on two years after they were charged – leading the defendants to wonder if the “deep state” is also behind their ordeal.

Tastan and Topal were charged after speaking about their faith. The decision to try them under the disputed article came after three young men – Fatih Kose, Alper Eksi and Oguz Yilmaz – stated that Topal and Tastan were conducting missionary activities in an effort to show that Islam is a primitive, fictitious religion that results in terrorism and to portray Turks as a “cursed people.”

Prosecutors have yet to produce any evidence indicating the defendants described Islam in these terms. Turkey’s constitution grants all citizens freedom to choose, be educated in and communicate their religion, making missionary activities legal.

At a June 24, 2008 hearing, two witnesses for the prosecution declared they did not know the defendants and had never seen them before facing them in the courtroom. Several witnesses – including one of the original complainants, Kose – have failed to show up on various trial dates.

On May 28 the court, though yet again reaching no conclusions, ordered five witnesses to appear at the next hearing, set for Oct. 15.

“This is malicious,” Topal told Compass. “Every time they call someone else, find something new to accuse us of. They have called everyone, and this time they’re calling people from the judiciary… claiming that we met with them. It just keeps going on.”

Three of the five lawyers ordered to appear at the next hearing are workers in the country’s judicial system.

“If they would just make up their mind and at least pronounce us guilty, we would have a chance to take the case to the European Court of Human Rights, but now there’s just uncertainty,” said Topal.

He said he and Tastan are convinced that their trial is a set-up from Turkey’s “deep state” and is connected to the murders of the Christians in Malatya.

He described how, after they came out of a hearing held the day the three Christians were murdered in Malatya, members of the press and others gathered outside the courthouse in Silivri.

“Among the crowd, people yelled out to us, ‘We will cut you up too. We will kill you too,’” he said. “So when did they gather these people? When did they come? When did they learn of the event to know to yell at us if there wasn’t a connection between the two cases?”

Two key figures pressing the Article 301 charges and promoting sensational media coverage of the Silivri trial are now jailed themselves, unable to attend the hearings. Both ultranationalist lawyer Kemal Kerincsiz and spokesperson Sevgi Erenerol of the Turkish Orthodox Church – a Turkish nationalist denomination with no significant following – are accused of playing leading roles in Ergenekon, an ultranationalist cabal of retired generals, politicians, journalists and mafia members under investigation for conspiracy to overthrow the government.

“I think that it was the same people who orchestrated this,” said Tastan, referring to Ergenekon.

MALATYA, Turkey, May 28 (Compass Direct News) – Prosecution efforts to tie the murderers of three Christians here to state-linked masterminds were set back on Friday (May 22) when the alleged ring-leader unexpectedly contradicted his previous testimony implicating a suspected “middleman.”

As the suspected middleman between the murderers and “deep state” elements, Huseyin Yelki, was testifying at Friday’s hearing, Emre Gunaydin – whose previous private testimony led to Yelki’s arrest – stood up and said, “Huseyin Yelki is not guilty, he’s being held in prison for no reason.”

The prosecuting team and judges at the Malatya Third Criminal Court froze at the statement, and then demanded to know why he had previously implicated Yelki. Gunaydin said he did so because Yelki was a Christian missionary.

Gunaydin has also implicated Varol Bulent Aral, a journalist allegedly attached to a far-reaching political conspiracy known as Ergenekon. Aral is the second suspected middleman.

For his part, Yelki testified during the court hearing that he had met Gunaydin only once prior to the murders. According to Gunaydin’s previous testimony, Yelki’s brother facilitated various meetings between Gunaydin and Yelki in which they planned the knife attack on the three Christians at a Christian publishing house. During a private hearing this past winter, a judge showed Gunaydin photos of different people, and he immediately identified Yelki’s brother.

Gunaydin’s retraction raised suspicion among the judges that in recent months he has received visits in prison from those behind the murders who have pressured him to change his statement.

“Tell me the truth, have you spoken to anyone?” the judge barked at him.

“I swear to God, I have not!” said Gunaydin.

The judges requested a list of everyone who has visited Gunaydin and the other four suspects – Salih Gurler, Cuma Ozdemir, Hamit Ceker, and Abuzer Yildirim – while they’ve been in prison over the last two years. Further questioning of Yelki failed to yield clear and incriminating answers, and the judges released him.

Lead prosecuting lawyer Orhan Kemal Cengiz told Compass that records of the jail visits to Gunaydin may be inconclusive.

“These visits might be off the record [unofficial], we don’t know,” Cengiz said. “But we have a tiny hope that we may catch something through these records.”

Yelki, a former volunteer at Zirve Publishing Co., was taken into custody in February on suspicion that he had incited the five young suspects to kill the three Christians, Turkish Necati Aydin and Ugur Yuksel, and German Tilmann Geske, in April 2007.

Cengiz called Yelki’s testimony a “disaster.” Even though it is apparent to the court that Yelki has had many contacts with gendarmerie intelligence, Cengiz said, he was not able to explain the nature of his calls, claiming that he wanted to speak to them about the Bible.

“We are very suspicious about him,” Cengiz said. “Everyone is suspicious.”

As a result of the last hearing, the court also asked for a record of all of Yelki’s bank statements over the past few years to see if they point to ties with gendarmerie or other suspicious activities.

“To us it is obvious that Yelki is one of the links that connects these youngsters to upper levels,” said Cengiz. “But he refused to cooperate, and in my view it is also obvious that Emre was pressured to change his statement, because in his earlier statement that he gave the prosecutor, he accused Yelki of instigating them to commit this crime. But he changed after that.”

Cengiz said that Yelki made other misrepresentations, such as his claim in court to have stayed in bed for two months recovering from leg surgery, when telephone records showed he hopped between different southeastern Turkish cities during that time.

“It was obvious that he was telling a lot of lies, because he said that after the release from the hospital he rested for two months,” said Cengiz, “but according to his telephone he was traveling and very intensively, actually.”

Missionaries as Criminals

An undercover gendarme who works in drug and gun enforcement, Mehmet Çolak, also took the stand on Friday (May 22). Phone records show that he may have been one of the communication links between alleged masterminds and others, and his name was mentioned in an informant letter sent to the court.

His testimony, however, yielded no information helpful to prosecutors. When defense lawyers asked him which bureau of the gendarmerie follows missionary activities in Turkey, Çolak replied, “Counter-terrorism.” The response typified the defense argument that the Christian victims brought the murder upon themselves by undertaking missionary activity.

In their concluding statements, defense lawyers requested that the court conduct a thorough investigation involving police, the army and gendarmerie to establish whether missionary activities are a crime. The judges rejected their request.

Prosecuting lawyers said that the lawyers have been trying to vilify missionary activities from the beginning of the case in an attempt to gain a lighter sentence for the five young men and also to make a nationalist political point.

“It is a very poor tactic,” said Cengiz. “At the final hearing, they would like to make a defense that states, ‘This attack was provoked … You see these people [missionaries] are trying to divide our country.’ They want to say that this is an unjust provocation, and as a result these youngsters were very angry and lost their temper. But this is rubbish.”

Ergenekon Trial

Hearings and investigations of Ergenekon, a clandestine nationalist group believed to have sought to overthrow the government by engineering domestic chaos, continue apart from the Malatya trial.

Two suspects arrested in relation to the case, Aral and Veli Kucuk, a retired general, have also been implicated in the Malatya murders. They were both questioned by Ergenekon prosecutors and judges earlier this month.

Nearly 140 people have been arrested in connection to the case. Prime Minister Recep Tayyip Erdogan has been criticized for allegedly allowing indiscriminate arrests of people who oppose his political line and who are not connected to the “deep state” cabal.

Kemal Kerinçsiz, a Turkish lawyer famous for filing court cases and complaints against dozens of Turkish journalists and authors for “insulting Turkishness,” has also been arrested in relation to Ergenekon. Kerinçsiz is responsible for the cases opened against Turkish Christians Hakan Tastan and Turan Topal, who have been on trial for two years for “insulting Turkishness” because they spoke openly about their faith.

In the next Malatya court hearing scheduled for June 19, judges expect to hear the testimony of Aral and others who have been implicated.

Frustrations

Although it was expected that the Malatya hearings would become part of the Ergenekon trials, Cengiz said that chances are slim if the thin evidence thus far does not become more substantial.

Yelki’s release, he said, showed that although his testimony tainted his credibility, there was not enough evidence that he is connected to the case.

“My conclusion is that we’re going nowhere,” said a tired Cengiz, “because the powers behind the scenes were very successful in organizing everything. They organized everything, and we’re going nowhere.”

In order for the Malatya and Ergenekon hearings to merge, Cengiz said, the court will need something more solid than implicated names.

“We don’t have something concrete,” said Cengiz. “All these names are in the air … all connections show gendarmerie intelligence, but there is no concrete evidence yet, and apparently there will be none. The trouble is that it’s very frustrating – we know the story but we cannot prove it.”

ISTANBUL, March 27 (Compass Direct News) – Fearing that a court-ordered fine of two Turkish Christians here for “illegal collection of funds” would set a precedent crippling to churches, their lawyer plans to take the case to a European court.

Hakan Tastan and Turan Topal each paid the fine of 600 Turkish lira (US$360) to a civil court in the Beyoglu district of Istanbul yesterday. The verdict cannot be appealed within the Turkish legal system, but their lawyer said he is considering taking the case to the European Court of Human Rights.

The ruling refers to the men receiving church offerings without official permission from local civil authorities. Nearly all Protestant fellowships in Turkey are registered as associations, with very few having status as a recognized religious body, and a strict application of the law would limit the scope of churches collecting funds.

Although the punishment is a relatively small fine, their lawyer told Compass there is now a precedent that authorities could use to harass any church for collecting tithes and offerings.

“For now, this court decision is an individual decision, but we fear in the future this could be carried out against all churches,” said defense attorney Haydar Polat.

Umut Sahin, spokesman for the Alliance of Protestant Churches of Turkey, concurred that the case was worrisome for the country’s small Protestant community and could set a disturbing precedent to be against other congregations.

When originally charged, the two men were summoned to police headquarters just before church services by three plainclothes policemen waiting for Tastan at his church. Tastan and Topal were given a “penalty” sheet from security police that ordered each to pay the fine for breaking a civil law.

The court decision to fine them, enacted on Nov. 11, 2008 but not delivered until March 13, denied their request to drop the penalty. The two men claimed they were only collecting money from their co-religionists.

Judge Hakim Tastan ruled at the First Magistrate Court that the two men were guilty of violating section 29 of Civil Administrative Code 2860, which forbids the collection of money without official permission from local district authorities.

In light of the charge of “insulting Turkishness,” the two men believe the smaller accusation of collecting money illegally is merely part of a wider effort by the state to harass and discredit Turkish Christians.

“They are doing this to bother and intimidate us, possibly to pressure us to leave the country,” Tastan told Compass. “They have the intention to hinder church establishment and the spread of the gospel.”

Tastan has spoken publicly over his strong sense of pride in his Turkish identity and frustration with state institutions biased against religious minorities.

“This case is proof that Turkey’s legal system regarding human rights isn’t acting in a just and suitable way,” he said.

Difficult Circumstances

The civil court case was the second set of longstanding charges against the two men. The first involves Turkey’s notorious Article 301, a loosely-defined law that criminalizes insulting “the Turkish nation.”

On Feb. 24 a Silivri court received the go-ahead from the Ministry of Justice to try the men under Article 301. The crux of the first case – originally leveled against them in 2007 by ultranationalist lawyer Kemal Kerincsiz, now indicted in a national conspiracy to overthrow the government – focused on the two men’s missionary efforts as defaming Islam.

Due to lack of proof and no-shows by the prosecution team’s witnesses, the converts from Islam believe they will be acquitted in their next hearing on May 28.

Turkey has come under recent criticism over its handling of religious minority rights by a Council of Europe report, accusing the country of “wrong interpretation” of the Lausanne Treaty as a pretext for refusing to implement minority rights, according to the Hurriyet Daily News.

The 1923 treaty, penned between Turkey and European powers following the collapse of the Ottoman Empire, only recognizes Greeks, Jews and Armenians as minority populations in Turkey.

More troublesome, Turkey’s basis of rights for its non-Muslim minorities is built upon reciprocity with Greece’s treatment of its Muslim minorities. This basis pushes both nations to a “lowest-common denominator” understanding of minority rights, rather than a concept of universal freedoms, the report said.

Ministry of Justice decision suggests spreading Christianity may be unlawful in Turkey.

ISTANBUL, March 20 (Compass Direct News) – Turkey’s decision last month to try two Christians under a revised version of a controversial law for “insulting Turkishness” because they spoke about their faith came as a blow to the country’s record of freedom of speech and religion.

A Silivri court on Feb. 24 received the go-ahead from the Ministry of Justice to try Christians Turan Topal and Hakan Tastan under the revised Article 301 – a law that has sparked outrage among proponents of free speech as journalists, writers, activists and lawyers have been tried under it. The court had sent the case to the Ministry of Justice after the government on May 8, 2008 put into effect a series of changes – which critics have called “cosmetic” – to the law.

The justice ministry decision came as a surprise to Topal and Tastan and their lawyer, as missionary activities are not illegal in Turkey. Defense lawyer Haydar Polat said no concrete evidence of insulting Turkey or Islam has emerged since the case first opened two years ago.

“The trial will continue from where it left off – to be honest, we thought they wouldn’t give permission [for the case to continue],” said Polat, “because there was no persuasive evidence of ‘degrading Turkishness and Islam’ in the case file.”

A Ministry of Justice statement claimed that approval to try the case came in response to the original statement by three young men – Fatih Kose, Alper Eksi and Oguz Yilmaz – that Topal and Tastan were conducting missionary activities in an effort to show that Islam was a primitive and fictitious religion that results in terrorism, and to portray Turks as a “cursed people.”

Prosecutors have yet to produce any evidence indicating the defendants described Islam in these terms, and Polat said Turkey’s constitution grants all citizens freedom to choose, be educated in and communicate their religion, making missionary activities legal.

“This is the point that really needs to be understood,” said Polat. “In Turkey, constitutionally speaking it is not a crime to be a Christian or to disseminate the Christian faith. However, in reality there have been problems.”

The lawyer contended that prosecuting lawyers have given political dimensions to the case by rendering baseless accusations in a nationalistic light.

“From their point of view, missionary activity carried out by missionaries of imperialistic countries is harmful for Turkish culture and the country overall,” Polat said.

Tastan said that although he has always been confident that he and Topal will be acquitted, the decision of the Ministry of Justice to try them under Article 301 left him deeply disappointed in his own country.

“After this last hearing, I realized that I didn’t feel as comfortable as I had been in the past,” Tastan told Compass. “I believed that surely the Ministry of Justice would never make the decision they did.”

Tastan said he was uneasy that his country would deem his Christian faith as insulting to the very Turkishness in which he takes pride.

“This is the source of my uneasiness: I love this country so much, this country’s people, that as a loving Turk who is a Christian to be tried for insulting Turkey has really cut me up,” said Tastan. “Because I love this nation, I’ve never said anything against it. That I’m a Christian, yes, I say that and I will continue to do so. But I think they are trying to paint the image that we insult, dislike and hate Turks. This really makes me sad and heartsick.”

If nothing else, Tastan said, the trial has provided an opportunity for Turkish Christians to show God’s love and also make themselves known to their compatriots. He called the ministerial decision duplicitous.

“A government that talks the European Union talk, claims to respect freedom, democracy, and accept everyone, yet rejects me even though I’m a Turkish citizen who is officially a Christian on his ID card, has made me sad,” he said. “That’s why I’m disappointed.”

No-Shows

At the time of their arrests, Topal and Tastan were volunteers with The Bible Research Center, which last week acquired official association status and is now called “The Society for Propagating Knowledge of the Bible.” In the last court hearing, prosecutors demanded that further inquiries be conducted into the nature of the association since the defendants used their contact lists to reach people interested in Christianity.

“Because they think like this, they believe that the Bible center is an important unit to the missionary activities,” said Polat. “And they allege that those working at this center are also guilty.”

The court has yet to decide whether police can investigate the Christian association.

Polat and the defendants said they believe that as no evidence has been presented, the case should come to a conclusion at the next hearing on May 28.

“From a legal standpoint, we hope that they will acquit us, that it will be obvious that there is no proof,” said Tastan. “There have only been allegations … none of the witnesses have accused us in court. I’m not a legal expert, but I believe that if there is no proof and no evidence of ‘insulting,’ then we should be set free.”

The initial charges prepared by the Silivri state prosecutor against Tastan and Topal were based on “a warning telephone call to the gendarme” claiming that Christian missionaries were trying to form illegal groups in local schools and insulting Turkishness, the military and Islam.

Despite a court summons sent to the Silivri and Istanbul gendarme headquarters requesting six gendarme soldiers to testify as prosecution witnesses, none have stepped forward to do so. At a June 24, 2008 hearing, two witnesses for the prosecution declared they did not know the defendants and had never seen them before facing them in the courtroom. Several witnesses – including one of the original complainants, Kose – have failed to show up on various trial dates.

“We believe the case has arrived to a concluding stage, because all evidence has been collected and the witnesses have been heard,” Polat said. “We believe the accused will be dismissed. The inverse would surprise us.”

Polat underlined that while the case shows that human rights violations in Turkey are still a “serious problem,” it is also true that Turkey’s desire to join the European Union has brought sincere efforts to improve democratic processes. He attested, however, that establishing a true democracy can be a long process that requires sacrifices.

“It is my conviction that there is no other way for people to believe in and establish democracy than through struggle,” he said.

Tastan added that he sees hope that the notion that being “Turkish” means being Muslim is breaking. Due to exposure to media coverage of the murder trial of the April 18, 2007 slaughter of three Christians in Malatya, he said, Turks are becoming aware that there are fellow citizens who are Christians and are even dying for their Lord.

“This makes me happy, because it means freedom for the Turkish Christians that come after us,” said Tastan. “At least they won’t experience these injustices. I believe we will accomplish this.”

For the time being, though, the Ministry of Justice’s decision that Tastan and Topal can be tried under the revised Article 301 law appears to contribute to the belief that to promulgate a non-Islamic faith in Turkey is tantamount to treason. As Turkish online human rights magazine Bianet headlined its coverage of the decision, “Ministerial Edict: You Can Be a Christian But Do Not Tell Anyone!”